Trademarks in Algeria

Competent Authority

• Name of Office: National Institute of Industrial Property (Institut National Algérien de la Propriété Industrielle - INAPI).
• Working Language: French or Arabic.
• System Type: National.

International Treaties

• Paris Convention: Member.
• Madrid System: Member of the Madrid Agreement; not a member of the Madrid Protocol. Consequently, international registrations via the Madrid Protocol cannot designate Algeria directly (Madrid Agreement rules apply).

Who May Apply

• Eligibility: Natural and legal persons.
• Local Representation: Foreign applicants domiciled outside Algeria must be represented by an authorized local patent/representative.
• Power of Attorney (POA): A simply signed POA is required. Neither notarization nor legalization/apostille is strictly mandated for the standard POA, but it must generally be submitted within a short deadline (typically 2 months from filing).

Online Filing and Search

• Electronic Filing: Available via the INAPI digital platform.
• Trademark Search: Available through INAPI's online portals/e-services.

Protectable Trademark Types

• Word marks, figurative marks, and color claims.
• Applications must be filed in French or Arabic, and non-Latin characters or foreign words generally require translation or transliteration.

Classification

• System: Nice Classification.
• Multi-class Applications: Supported.

Examination

• Scope: INAPI conducts both formal and substantive examinations (absolute grounds, such as distinctiveness and public order).
• Relative Grounds: Relative grounds (conflicts with prior rights) are typically assessed during examination, as Algeria does not feature a traditional pre-grant third-party opposition system.

Publication and Opposition

• Opposition System: There is no formal pre-registration third-party opposition system stipulated under Algerian trademark legislation. Marks are published in the official bulletin after passing examination.

Timeframes

• Registration Timeline: Approximately 7 to 18 months for a straightforward, smooth application process.

Official Fees

• Filing Fees: Set at 15,000 DZD (without a color claim) or 16,000 DZD (with a color claim) (Source: CWB IP / Official Fee Schedules).
• Note: Additional class and renewal fees apply and are subject to periodic updates by INAPI.

Duration and Renewal

• Protection Term: 10 years calculated from the filing date.
• Renewal Window: Can be requested within the final 6 months prior to expiration, backed by a 6-month grace period subject to late penalties.

Use Requirements

• Non-Use Cancellation: A registered trademark is vulnerable to cancellation actions by interested parties if it has not been put to genuine commercial use for 3 consecutive years.
• System Type: First-to-file.

Post-Registration Procedures

• Recordals for assignments, licenses, and changes of name or address are mandatory to maintain legal effect against third parties. License agreements must be recorded.

Legal Remedies & Enforcement

• Enforcement: Handled via specialized administrative channels and judicial courts. Well-known trademarks and border/customs measures provide additional layers of protection.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.